GERMAN ISRAELI DEVELOPMENT FOUNDATION FOR SCIENTIFIC RESEARCH Main Office: Liaison Office: P.O.B. 7008 91070 Jerusalem Tel. 02-6233814-7 Telefax: 02-6233769,6233774 E-Mail: [email protected] INTERNET: http://www.gifres.org.il c/o GSF Forschungszentrum Neuherberg Postfach 1129 85758 Oberschleissheim Tel. 089-31873106 Telefax:089-31873365 (Frachtadresse: Ingolstaedter Landstr. 1 85764 Oberschleissheim) E-Mail: [email protected] AND APPLICATION FOR RESEARCH GRANT General information The attached forms should be completed in conjunction with the G.I.F. booklet “Guidelines for Grant Applicants”, which contains information on Foundation policy and procedures, essential for filling out these forms properly. This application consists of: Cover page and personal details of investigators Section 1: Abstract and project time schedule Section 2: Detailed description of the research plan Section 3: Budget details and justification Section 4: Curriculum vitae of P.I.s and co-P.I.s Section 5: List of publications Section 6: Letters of cooperation Section 7: Budget distribution among the groups Note: Appendices are not accepted! Applications should be typed on the official GIF forms or computer-formatted exact copies of the forms. Instructions: Fifteen complete hard copies, including the original, and five copies of the cover page and abstract only (pages 2(a) and 3) are required. To enable prompt evaluation of your application please answer all questions in full detail. THE GERMAN ISRAELI FOUNDATION FOR SCIENTIFIC RESEARCH AND DEVELOPMENT (G.I.F.) APPLICATION FOR RESEARCH GRANT - COVER PAGE 1. TITLE Theoretical and Empirical Economic Analysis of the Doctrine of Separation of Powers 2. KEY WORDS Constitutional Law and Economics, Delegation of Powers, Independence of the Judiciary. 3. PROJECT PERIOD (YEARS) FOR GIF USE ONLY 4. BUDGET REQUESTED FOR PROJECT PERIOD (EURO) 2004 5. BUDGET DISTRIBUTION (EURO) 1st year 2005 2nd year 2006 3rd year 6. Names Addresses and Affiliation of Cooperating Scientists (see also P 2(b)). Name (Last, First, Academic Position) 1) Salzberger Eli, Senior Lecturer Role (P.I., C.I.) P.I. Name of Institute and Department Law Faculty, University of Haifa 2) Voigt Stefan; Full Professor P.I Economics Faculty, University of Signature Kassel 3) Feld, Lars; Full Professor C.I. Economics Faculty, University of Marburg 4) 5) 6) 7. ADMINISTRATION ENDORSEMENTS Name Title Sign. P. 2(a) For G.I.F. use No. of Proposal: PERSONAL DETAILS OF INVESTIGATORS Israeli Group Family Name: 1. First Name: Salzberger Eli Date of Birth: 12/3/1960 Academic Position: Senior Lecturer Institution: University of Haifa Department (FB): Law Street: Mount Carmel 2. 3. 2. 3. City & Zip Code: Haifa 30900 Telephone: Telefax: 04 8240005 04 8240681 E-mail: [email protected]. ac.il German Group Family Name: 1. Voigt First Name: Stefan Date of Birth: 19/8/1962 Academic Position: Full Professor Institution: University of Kassel Department (FB): Economics Street: Nora-Platiel-Str. 4 City & Zip Code: 34127 Kassel Telephone: 0561 804 3089 Telefax: 0561 804 2818 E-mail: [email protected] P.2(b) SECTION 1 for G.I.F. use No. of Proposal: FULL TITLE: Theoretical and Empirical Economic Analysis of the Doctrine of Separation of Powers PRINCIPAL INVESTIGATORS: Eli Salzberger and Stefan Voigt ABSTRACT: An abstract of about two hundred words should describe the (1) objectives, (2) methods and plan of operation, (3) significance of the proposed research. (Uniqueness, innovative aspects). The aim of this project is to deal with the separation of powers both normatively and positively by drawing on the toolkit of economics. With regard to normative analysis, the object is to find novel justifications for the separation of powers by choosing a fresh look at the topic, namely that informed by economics. With regard to positive analysis, both theoretical and empirical work will be carried out. On the theoretical side, models will be created that explicitly take the judiciary into account (different from the current ones that almost exclusively focus on the interactions between legislature and executive). Still, more emphasis will be on the empirical side. The economic effects of the judiciary, of domestic agencies such as competition authorities as well as of the membership in international organizations will be estimated. Some novel indicators concerned with domestic agencies as well as international organizations will be created. These will inform the econometric estimates, but they also form the basis for empirically sound institutional and policy device with regard to the creation of independent agencies domestically as well as the membership in supra-/international organizations internationally. P.3 PROJECT SCHEDULE WORK PLAN PROPOSED TIME TABLE RESPONSIBLE PI LOCATION Research Tasks Beginning Month Year Jan 2005 End Month Year June 2006 Eli Salzberger (Research Institute and Department) Haifa 2) Positive Aspects of the Sep. of Powers I (theoretical aspects) Jan 2005 June 2006 Stefan Voigt Kassel 3) Positive Aspects of the Sep. of Powers II (empirical aspects) Jan 2006 Dec 2006 Stefan Voigt Kassel 4) Synthesizing Normative and Pos. Aspects July 2006 Dec 2007 Eli Salzberger Haifa 1) Normative Aspects of the Sep. of Powers 5) 6) 7) 8) 9) Explanatory Notes (if necessary): Signatures: P.I. P.I. P.I. P.I. P.I. P.I. Inst. Inst. Inst. Inst. Inst. Inst. P.4 SECTION 2 DETAILED DESCRIPTION OF THE RESEARCH PLAN The description should be detailed but comprehensive. Please mark the headings according to the following numbered list: 1. Brief description of the subject and the scientific and technological background. 2. Objectives and expected significance of the research. 3. Comprehensive description of the methods and plan of operation: see guidelines. 4. Distribution of the research tasks between the groups. 5. Preliminary (unpublished) results relevant to the proposal. 6. Detailed account of available resources, including all personnel and equipment. 7. Relevant bibliography on the research subject. 1 Brief description of the subject and the scientific and technological background. Until recently, economists did not pay much attention to the analysis of public and political institutions. Over the last decades, this has radically changed. Public Choice scholars analyse politics by drawing on the tool kit of economists (Mueller 2002 is an overview). New Institutional Economics is interested in the economic consequences of various institutional rule sets (Voigt and Engerer 2002 is an overview), and Positive Constitutional Economics scholars ask, more specifically, about the consequences of the most basic set of institutions, namely constitutional rules (Voigt 1997 is an overview). Empirical tests of the various models have begun to be carried out. Within the economic analysis framework, little attention has been given to the doctrine of separation of powers. We propose to begin to fill this gap, providing both normative and positive analyses, combined with empirical data and tests. 2. Objectives and expected significance of the research. The two principle researchers submitting this proposal began collaborating in the area four years ago, focusing on various aspects of the separation of powers. This collaboration produced several publications, both theoretical and empirical (e.g. Salzberger and Voigt 2002 and Voigt and Salzberger 2002). Our aim is to expand our research and to emphasize empirical work, which will enable better understanding and evaluation of different systems of government and provide a tool for policy-makers faced with constitutional and post-constitutional institutional design. The potential relevance of the research results can hardly be exaggerated: there are many concrete ways in which the separation of powers as well as checks and balances are implemented. On some institutional details (e.g. presidential vs. parliamentary systems), the economic implications are already quite well understood. On others (e.g. the independent judiciary), economic implications are still open to speculation. We hope to be able to establish some solid empirical findings concerning not only the effects of judicial independence on economic growth, but also on the specific channels through which it affects the functioning of an economy. This would enable us to give solid advice concerning constitutional design. We believe the recent discussion about the optimal avenues for the re-construction of post-war Iraq can serve as a good example. The emphasis given by many commentators and policy-makers to the establishment of an independent judiciary as the highest priority in this process (even before the conduct of free elections) fits our past research conclusions (Salzberger 1993, Salzberger and Voigt 2002. Voigt and Salzberger 2002) and might be even influenced by it. Our proposed research focuses on the constitutional political economy of the separation of powers, from both normative and positive perspectives. This is a very broad topic indeed and in the coming years we wish to concentrate on a few aspects of it: (i) the role of the judiciary in the context of separation of powers and the theory of the state, and better understanding of de-jure and de-facto judicial independence across different systems of governments; (ii) the role of other internal agencies independent from government, such as central banks, competition agencies, audit courts, and the interplay between them and an independent judiciary; (iii) the role of super-national and international institutions in the context of delegation of powers and separation of powers. These topics will be analyzed on NOTE: Text of items 1 through 5 is limited to a total of 10 pages. Note: Replace this page with pages of identical size for headings 1 to 5. P.5 SECTION 3 BUDGET DETAILS Instructions: 1. The budget should be presented in EURO. 2. List all personnel participating in the project and the time they will devote to the project, including principal investigators. 3. Principal investigators and scientists on the paid staff of the applicants’ institutions are not entitled to receive salaries from the G.I.F. 4. Indicate role and salary of personnel not yet appointed. 5. Months of employment should be specified for each person employed. Hours per month should be specified when students are employed on an hourly basis. 6. In calculating salaries include social benefits. Multiply the yearly salary and social benefits by the percentage of research time (time on project). 7. Give detailed budget breakdown for first, second and third years. 8. Anticipated increases in costs should be calculated for second and third year budgets. 9. Fellowships do not include any social benefits. 10. The Foundation will not consider V.A.T. taxes on salaries, or any other indirect costs (overhead). SALARIES Name (Last, first, initial) Role in Project Time % Month of Employment Salary 1. Eli Salzberger P.I. 25 36 1st year - 2nd year - 3d year - 2. Stefan Voigt P.I. 25 36 - - - 3. Lars Feld C.I. 15 12 - - - 4. TBA, Ph.D. student Voigt Work on 100 36 ~30.000 ~30.000 ~30.000 on 25 40hrs./month; - ~ 6.000 - ~ 3.000 ~ 3.000 ~ 3.000 phase 2-4 5. Research Ass. To Feld Work phase 3 6. Research Ass. To Voigt Work 12 months on 12,5 20hrs./month phases 1-4 7. Total NON-EXPENDABLE SPECIFIC EQUIPMENT Description of equipment (please specify manufacturer and model) Amount requested from G.I.F. Cost* 1. Computer and printer for PhD student ~ 2.000 1st year ~ 2.000 2. Literature (100 EUR/month/PI) ~ 7.200 ~ 3.600 3. 4. Total 2nd year ~ 3.600 * Cost sharing by the institute or by other resources should be specified. P.6 SECTION 3 BUDGET DETAILS (Cont’d) Operating Expenses (Supplies, materials, maintenance, services, computer time) Description 1. Access to various databanks (BERI; PRS; WEF; …) Breakdown of costs 1st year 2nd year 3.000 3.000 2. Costs of own data assembly 3.000 3.000 3.Administration (preparation of workshop, telephone etc.) 1.000 2.5000 3rd year 1.000 4. 5. 6. TOTAL TRAVEL Domestic Name of Traveler Breakdown of Costs 1st year 2nd year 3rd year XXX XXX 1. 2. Foreign (including per diem) 1. Salzberger 2. Voigt 3. Ph.D. student ~ 2.000 ~ 2.000 ~ 2.000 TOTAL OTHER EXPENSES Description Breakdown of Costs 1st year 2nd year 3rd year 1st year (EURO) 3rd year (EURO) 1. Reports and Publications 2. Sub-Contracting 3. Miscellaneous TOTAL 2nd year (EURO) GRAND TOTAL: EURO P. 7 SECTION 3 BUDGET DETAILS (Cont’d) BUDGET JUSTIFICATION: Function and job description of each person employed in the project, operating expenses, major items of equipment, travels, etc. Please note that when requesting non-expendable specific equipment, you must specify here the advantages of this specific unit relative to other models available. P.8 SECTION 3 BUDGET DETAILS (Cont’d) OTHERS SOURCES OF SUPPORT & PROPRIETARY RIGHTS OF ISRAELI PRINCIPAL INVESTIGATOR Name: 1. Is this or related research presently being supported by other sources? If so, indicate other sources, amounts and dates of performing of the research under this support. 2. Has this research been submitted to other agencies? If so, indicate which agency, when and with what results. 3. Has this research proposal been submitted or approved, in part or as a whole, within the framework of the EU and/or DIP programs? If yes, please list the names of all counterparts involved and the grant No. 4. If research previously received other sources of support, list rights and obligations of grantor still in effect. 5. If this is a continuation of any German-Israeli cooperative research, please indicate the supporting agency, duration and budget. 6. List all previous applications to G.I.F. by numbers. 7. Do you have any patent application or a registered patent relevant to this proposal? If yes, is your German counterpart familiar with it? Please ask him to confirm with his signature here: Please give full information on pre-existing patentable inventions, intellectual and other proprietary rights (if any) related to the present proposal on a separate page. Yes No Yes No Yes No Yes No P.9a SECTION 3 BUDGET DETAILS (Cont’d) OTHERS SOURCES OF SUPPORT & PROPRIETARY RIGHTS OF GERMAN PRINCIPAL INVESTIGATOR Name: Voigt 1. Is this or related research presently being supported by other sources? If so, indicate other sources, amounts and dates of performing of the research under this support. 2. Has this research been submitted to other agencies? If so, indicate which agency, when and with what results. 3. Has this research proposal been submitted or approved, in part or as a whole, within the framework of the EU and/or DIP programs? If yes, please list the names of all counterparts involved and the grant No. 4. If research previously received other sources of support, list rights and obligations of grantor still in effect. 5. If this is a continuation of any German-Israeli cooperative research, please indicate the supporting agency, duration and budget. 6. List all previous applications to G.I.F. by numbers. 7. Do you have any patent application or a registered patent relevant to this proposal? If yes, is your Israeli counterpart familiar with it? Please ask him to confirm with his signature here: Please give full information on pre-existing patentable inventions, intellectual and other proprietary rights (if any) related to the present proposal on a separate page. Yes x No Yes X No Yes X No Yes X No P.9b SECTION 4 CURRICULUM VITAE OF ISRAELI PRINCIPAL INVESTIGATOR (Please use this form only) SURNAME: FIRST NAME: BIRTHDATE: CURRENT INSTITUTE: ACADEMIC BACKGROUND From-Till Institution Area of Specialization Degree Major research interests PREVIOUS EMPLOYMENT (Start with present position) From-Till Institution Research Area Title P.10(a) SECTION 4 CURRICULUM VITAE OF GERMAN PRINCIPAL INVESTIGATOR (Please use this form only) SURNAME: Voigt BIRTHDATE: Aug. 19, 1962 FIRST NAME: CURRENT INSTITUTE: Stefan University of Kassel ACADEMIC BACKGROUND From-Till Institution Area of Specialization Degree 1984 – 1988 University of Freiburg Economics Dipl.Volkswirt 1989-1990 University of Mannheim First Phase of Ph.D. - 1990-1992 University of Freiburg Second Phase of Ph.D. Ph.D. Econ 1992-1994 University of Freiburg First Phase of “Habilitation” - 1994-1997 Max Planck Institute for Research Second Phase of “Habilitation” “PD habil” Into Economic Systems Major research interests Dr. Positive Constitutional Economics, New Institutional Economics PREVIOUS EMPLOYMENT (Start with present position) From-Till Institution Research Area Title 2002 – today University of Kassel Constitutional Economics Professor 2001 – 2002 Ruhr-University Bochum Constitutional Economics Professor Viadrina – University of Frankfurt Constitutional Economics Ass. 10/2000 – 2/2001 (Oder) Professor 9/99 – 7/00 Institute for Advanced Study, Berlin Constitutional Economics Fellow 4/94 – 8/99 Max Planck Institute for Research Constitutional Economics Research Into Economic Systems 10/98 – 7/99 Fixed Term Full Professor at the Fellow Constitutional Economics PD University of Freiburg P.10(b) SECTION 5 JOINT PUBLICATIONS OF PRINCIPAL INVESTIGATORS (Emphasis on subjects relevant to the proposal). Voigt, S. and E. Salzberger (2002): Choosing Not to Choose: When Politicians Choose to Delegate Powers, Kyklos 55(2):247-68. Salzberger, E. and S. Voigt (2002): On the Delegation of Powers – with Special Emphasis on Central and Eastern Europe and Israel, Theoretical Inquiries into Law 3(1): 207-63. Salzberger, E. and S. Voigt (2002): On the Delegation of Powers – with Special Emphasis on Central and Eastern Europe, Constitutional Political Economy 13(1):25-52 (An abridged German version in: Nutzinger, H.G. (Hrsg.): Verteilungsprobleme im Transformationsprozeß, Duncker & Humblot, 2001:9-42) Aaken, A.V., E. Salzberger, and S. Voigt (2003); The Prosecution of Public Figures and the Separation of Powers: Confusion within the Executive Branch, German Working Papers in Law and Economics, Art. 11, http://www.bepress.com/gwp/default/vol2003/iss1/art11. P.11 SECTION 5 RELEVANT PUBLICATIONS OF ISRAELI PRINCIPAL INVESTIGATOR (Past five years only) NAME: P.12(a) SECTION 5 RELEVANT PUBLICATIONS OF GERMAN PRINCIPAL INVESTIGATOR (Past five years only) NAME: Voigt Feld, L. and S. Voigt (2004): Making Judges Independent – Some Proposals Regarding the Judiciary, forthcoming in: R. Congleton (ed.): Constitutional Design, Cambridge: CUP. Kirstein, R. and S. Voigt (2004): The Violent and the Weak – When Dictators Care About Social Contracts; forthcoming in: American Journal of Economics and Sociology. Voigt, S. (2004): Judicial Independence as a Necessary Component of the Rule of Law – Preliminary Insights and Economic Consequences, forthcoming in: A. Marciano and J.-M. Josselin (eds.): Law and the State. A Political Economy Approach, Cheltenham et al.: Elgar, 2004. Voigt, S. (2004): On the Coexistence of Different Property Rights Systems – and Their Consequences for Economic Growth and Development, in: E. Colombatto (ed.): Edward Elgar Companion on Property Rights; Cheltenham: Edward Elgar, to appear in 2004. Voigt, S. (2004): Entry „Constitutional Law“, forthcoming in: Hatzis, A. (ed.): Economic Analysis of Law: A European Perspective, Cheltenham: Edward Elgar. Feld, L. and S. Voigt (2003): Economic Growth and Judicial Independence: Cross Country Evidence Using a New Set of Indicators, European Journal of Political Economy 19(3):497-527. Hayo, B. and S. Voigt (2003): “Explaining de facto judicial independence”, Volkswirtschaftliche Diskussionsbeiträge 46/03 of the Dept. of Economics, University of Kassel, Germany. Voigt, S. (2003): The Consequences of Popular Participation in Constitutional Choice – Towards A Comparative Analysis, forthcoming in: Aaken, A.v., Chr. List and Chr. Lütge (eds.): Deliberation and Decision: Economics, Constitutional Theory, and Deliberative Democracy, Aldeshot: Ashgate. Voigt, S. (2003): The Bonds of Democratic Politics – An Economic Perspective in: Albert Breton, Gianluigi Galeotti, Pierre Salmon, and Ronald Wintrobe (eds.): Rational Foundations of Democratic Politics, Cambridge: Cambridge University Press. Voigt, S. (2003): Entries „Positive Constitutional Political Economy“ and „Dictators and Social Contracts“ in: Rowley, Ch. and Schneider, F. (eds.): Encyclopedia of Public Choice, Dordrecht: Kluwer 2003. Voigt, S. (2003): Towards Ever More Confusion? The Convention’s Proposal for a European Constitution, Intereconomics 38(4):185-8. Engerer, H. and S. Voigt (2002): Institutions and Transition – Possible Policy Implications of the New Institutional Economics, in: K. Zimmermann (ed.); Frontiers in Economics, Heidelberg et al.: Springer (pp. 127-84). Voigt, S. (2002): Die unabhängige Justiz – eine vernachlässigte Determinante zur Erklärung der Zentralbankunabhängigkeit? („The Independent Judiciary – A Neglected Variable for Explaining Central Bank Independence?”); Schmollers Jahrbuch 122(2):207-25. Voigt, S. (1999): Breaking with the Notion of Social Contract: Constitutions as Based on Spontaneously Arisen Institutions, Constitutional Political Economy, 10(3): 283-300. Voigt, S. (1999): Implicit Constitutional Change - Changing the Meaning of the Constitution Without Changing the Text of the Document, European Journal of Law and Economics, 7: 197-224. P.12(b) SECTION 6 PLEASE PLACE LETTERS OF COOPERATION HERE P.13 SECTION 7 BUDGET DISTRIBUTION AMONG THE PRINCIPAL INVESTIGATORS Budgetary items Code First Year Israel Second Year Germany Israel Third Year Germany Israel Germany SALARIES EQUIPMENT OPERATING EXPENSES TRAVEL DOMESTIC FOREIGN OTHERS SUBTOTAL (EURO) TOTAL BUDGET (EURO) 1. Use the left column for budget specification only. Use other columns to list the costs. 2. Both partners are required to sign this form. 3. If there are more than two groups involved, please re-design this form so that all pertinent information appears on one page. 4. Use the budget codes as listed in Section 7 of the guidelines (page 23). Signatures: P.I. P.I. P.I. P.I. Inst. . Inst. Inst. Inst. P.14
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